Case closed: Toms River officer justified in shooting

TOMS RIVER – A township police officer was justified when he opened fire on a vehicle he believed was attempting to run him over in the Grand Woodlands development last month, the Ocean County Prosecutor's Office told The Asbury Park Press Thursday.

Prior to the shooting on May 28, two township police officers were on walking toward a car driven by Shamar Kerr, 24, of Jackson, who they suspected was involved in drug activity in the Grande Woodlands development. Police say Kerr, who had two passengers in the car, drove away and attempted to hit the officer with his car — prompting the officer to fire his weapon twice.

"The case is closed. Investigation by the Ocean County Prosecutors Office has determined that the officer was justified in discharging his weapon," said Al Della Fave, a spokesman for the Ocean County Prosecutor Joseph D. Coronato.

Coronato's office reviews all incidents involving police officers' use of deadly force in the county.

Township Police Chief Mitch Little declined comment Thursday because he said he has not talked with Coronato about the findings.

"We have not gotten anything from the prosecutor's office concerning the conclusion of the investigation. I just checked on it today (Thursday) and until I hear from them officially, I can't comment on it," Little said.

Kerr drove away after one of the officers fired two shots which struck the vehicle, Coronato said. No one was injured, he said.

Kerr was charged with attempted murder, eluding police, and possession of a controlled dangerous substance with the intent to distribute. An arrest warrant was issued and bail has been set at $500,000.

Candido A. Jackson, 26, of Toms River, a front-seat passenger, was charged with possession of heroin and possession with intent to distribute. Bail was set at $200,000 cash and he remained in the Ocean County Jail in Toms River on Thursday.

Jessica N. Curcio, 23, of Toms River, was charged with possession of heroin and possession with intent to distribute. Bail was set at $75,000 with no 10 percent option.

The shooting happened in front of 182 Old Orchard Road West in the development — the same location where the two township police officers first spotted the 2014 silver Ford Focus and occupants. Kerr drove away and the vehicle was recovered in front of 1888 White Knoll Drive, Della Fave said. Kerr ran away but Jackson and Curcio remained in the vehicle. They were arrested at the scene, police said.

After a nearly five hour manhunt, police arrested Kerr in the area of an Exxon Gas Station at Route 9 near the intersection of Cox Cro Road.

The shooting investigation will not be reviewed by the Attorney General's Office, Della Fave said.

"Protocol does not call for the case to be forwarded to the AG's Office," he said.

Two township police officers involved in the shooting incident were taken to Community Medical Center in Toms River for evaluation and released the next morning. The officers were placed on administrative paid leave pending interviews from the prosecutor's office, Little said.